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Term of Use
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TERMS OF USE
                
This is a contract. By using this website and any emails, and their content, including information, reports, images, products and data (collectively the "Services"), you agree to be bound by these terms. These Terms of Use contain an agreement to arbitrate all Claims as well as disclaimers of warranties and limitations of liability.  These provisions form an essential basis of our bargain.  Please read these terms carefully.  If you do not agree to these terms, do not access or use this website.

1. Acceptance of Terms Through Use. First American CoreLogic makes the Services available on the website and sent via email are subject to the following terms and conditions of use (the "Terms of Use"). These Terms of Use also apply to any updates, enhancements and new features and products. By using this website, you represent to First American CoreLogic that you have read, understood, and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and on the website and agree to follow all applicable laws and regulations.

2. Changes in these Terms of Use. First American CoreLogic may modify these Terms of Use from time to time by posting modified Terms of Use on the website. Your continued use of the website and any emails thereafter will constitute agreement to such modifications. At the time of any material modifications, First American CoreLogic will change the "Last Updated" date below. Please review these Terms of Use from time to time so that you are apprised of any changes.

3. Registration. By registering with this website, you understand and agree that you have established a business relationship between you and First American CoreLogic. BY REGISTERING ON THE WEBSITE, YOU AGREE THAT FIRST AMERICAN CORELOGIC MAY CONTACT YOU BY TELEPHONE AT THE NUMBER YOU PROVIDED OR BY EMAIL AT THE ADDRESS YOU PROVIDED REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH FIRST AMERICAN CORELOGIC EVEN IF YOUR TELEPHONE NUMBER IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST. With any email communication, First American CoreLogic will provide a means by which you may opt-out of further communication.

4. Use of the Services. You agree to use the Services solely for your personal use, limited to your own transactions. To use the website and to receive any emails that include the Services, you represent that you are an adult resident of the United States of America, including its Commonwealths and Territories (collectively, the "USA"). By registering, you warrant and represent to us and any other service provider with whom you authorize us to share your information that you are an adult resident of the USA. The website and emails may be accessed from countries around the world and may contain references to Services that are not available where you are located or reside. These references do not imply that First American CoreLogic currently offers or intends to offer such Services in your country. 

By using or visiting this website and any emails generated from the Service, you agree that you will not insert false, fraudulent, indecent, or obscene information as part of your registration and that your usage will comply with all applicable state and federal laws. Any unauthorized use or misuse of the Services may be a cause for terminating your right to use the Services. First American CoreLogic reserves the right, in its sole discretion, to terminate your access to any part of the website or emails, with or without notice. 

To ensure that First American CoreLogic provides a high-quality experience for you and other users of the website and emails, you agree that First American CoreLogic or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of this website and any emails. First American CoreLogic will not disclose such an investigation unless required to do so by law. First American CoreLogic will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws. 

5. Authorized Use of Website Services. First American CoreLogic grants you a fully revocable, non-exclusive license to use the Services and view and print documents or information obtained on the website and any emails generated from or containing the Services, subject to the following terms and conditions: 

a. The documents or information may be used by you solely for informational purposes and will not be distributed to others who are not acting for you.

b. You will not charge any fee to any person in connection with the Services and information obtained by you on the website or any emails.

c. The Services or information obtained on the website or from any emails will not be modified by you in any way except as solicited by First American CoreLogic. 

d. You will not use the website or emails to sell a product or service or to increase traffic to a website for commercial reasons. You will not take elements of the website or emails and reformat or display them, or mirror them on another website.

e. All copyright or other proprietary notices that appear on the website or the materials downloaded or printed from the website or contained in any emails, will appear on any copy of the document or portion that you make. 

f. First American CoreLogic reserves the right to revoke this license at any time. You agree that you and any person to whom you distribute the Services or information will immediately discontinue any use of the Services or information upon notice of revocation. 

The license granted by First American CoreLogic does not include the layout or design of the website or logos, graphics, sounds, or images on the website and any future versions of the services. Elements of the website and emails are protected by copyright, trade dress, or other laws and will not be imitated in whole or in part. 

6. Reservation of Rights. Any rights not expressly granted in these Terms of Use are reserved by First American CoreLogic, and First American CoreLogic reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use.

7. Monthly Subscription. The following terms apply to the Monthly Subscription service. As a client of a customer of First American CoreLogic, you are receiving the Services and access to this website and emails free of charge. At any time, if First American CoreLogic’s customer terminates its contract with First American CoreLogic for these Services provided to you, First American CoreLogic reserves the right to terminate your subscription or request payment from you for the Services and continued access to the website and emails. FACL reserves the right to terminate your subscription at any time for any or no reason.

8. Privacy Policy. Your privacy is important to us. You can learn more about the information collected about you in our Privacy Policy, which is incorporated fully into these Terms of Use. Notwithstanding anything else to the contrary in these Terms of Use or the Privacy Policy, First American CoreLogic may use your Submissions, as defined in Section 10 (Submissions) in the manner and for the purposes described in Section 10 (Submission).

9. Intellectual Property Notices. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly, and the overall “look and feel” and distinctiveness of the website and emailsconstitute trade dress and the property of First American CoreLogic. The absence on the website or emails of a First American CoreLogic product or service name, slogan, or logo does not constitute a waiver of First American CoreLogic's trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the website or emails may be the trademarks and the property of their respective owners.

You agree that the Services available on the website and in emails are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by First American CoreLogic, either in these Terms of Use or otherwise, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the information, services, or products. As noted in these Terms of Use, you may print or download information or products from the website and emails for your own personal use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information, Services or products from the website or emails to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from First American CoreLogic is prohibited. In addition, use of the information, Services, or products for any purpose not expressly permitted in these Terms of Use is prohibited. For information on requesting such permission, please contact First American CoreLogic at 4 First American Way, Santa Ana, California 92707, Attention: Legal Department.

10. Submissions. All comments, feedback, information, and materials submitted to First American CoreLogic through the website or emails ("Submissions") will be considered the non-confidential property of First American CoreLogic. By providing a Submission to First American CoreLogic, you grant First American CoreLogic, at no charge, a royalty free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense) to use, reproduce, distribute, modify, create derivative works of, publicly display, and perform your Submission in any media; and make, sell, offer for sale, import, and otherwise transfer your Submission, subject to no confidentiality obligations regarding Submissions except as set forth in the Privacy Policy or as required by law. You acknowledge that you are responsible for the Submissions that you provide, and that you, not First American CoreLogic, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright.

11. Links to Other Websites and Related Disclaimer. The website and emails may include links to other websites beyond the control of First American CoreLogic. First American CoreLogic provides you with these links solely for your convenience. Some of these websites and emails may be co-branded (i.e., bear the name and/or logo of both a third party service provider and First American CoreLogic). The provision of any link to another service provider does not signify an endorsement by First American CoreLogic of the service provider's website or the services offered by that service provider. First American CoreLogic has no control over, does not review, and cannot be responsible for the information contained on other websites. Your use of such websites will be subject to that website’s terms and conditions. YOU AGREE THAT FIRST AMERICAN CORELOGIC WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH ANOTHER WEB SITE.

12. Potential Disruption of Service. Access to the website and delivery of emails may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of First American CoreLogic.

13. Disclaimers. The website and emails are made available for informational purposes only and not intended to provide specific commercial, financial, investment or legal advice. The Services are based upon data that is subject to frequent change and collected from a number of sources, including public records. The Services provided on the website and in emails as to a particular property may not take into account such important factors as the condition of the property, current market conditions, or other factors that may significantly affect the value of the property. First American CoreLogic does not guarantee the accuracy, timeliness, reliability or completeness of any of the Services. 

THE MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND IN EMAILS, INCLUDING THE IMAGES, TEXT, DATABASES, PHOTOS, CUSTOM GRAPHICS, COMPILATION, ASSEMBLY, AND THE OVERALL LOOK AND DISTINCTIVENESS OF THE WEBSITE AND EMAILS ARE PROVIDED "AS IS" AND "AS AVAILABLE." FIRST AMERICAN CORELOGIC DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER FIRST AMERICAN CORELOGIC NOR ITS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, RELIABILITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE CONTENT. FIRST AMERICAN CORELOGIC DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE ITSELF OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE WEBSITE, INCLUDING EMAILS, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. THE WEBSITE AND EMAILS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. YOUR USE OF THE WEBSITE AND EMAILS IS SOLELY AT YOUR RISK. 

THE SERVICES DO NOT COMPRISE AN APPRAISAL OF THE SUBJECT PROPERTY AND SHOULD NOT BE USED IN PLACE OF AN ACTUAL APPRAISAL BY A CERTIFIED APPRAISER. 

You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction.

14. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT FIRST AMERICAN CORELOGIC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE FIRST AMERICAN CORELOGIC WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, INCLUDING EMAILS. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.

15. Indemnification of First American CoreLogic. You will not use the Services for any unlawful purpose, or for any purpose not permitted by these Terms of Use. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FIRST AMERICAN CORELOGIC FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO YOUR VIOLATION OF THESE TERMS OF USE, AND/OR YOUR USE OF THE SERVICES. You are solely responsible for defending any claim, subject to the indemnified party’s right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation, liability or admission of guilt on the part of the indemnified parties without prior written consent of the respective party. If you violate any provision of this section of the Terms of Use, First American CoreLogic may terminate your access to the website and emails without notice, and you have indemnity obligations to First American CoreLogic and other third parties entitled to indemnification as a result of your violation of these Terms of Use.

16. Severability and Integration. Unless otherwise specified in these Terms of Use, the website or emails, these Terms of Use constitute the entire agreement between you and First American CoreLogic with respect to the website, emails and the Service, and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and First American CoreLogic with respect to the website, emails and the Service. If any part of these Terms of Use is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect.

17. Dispute Resolution. YOU AGREE THAT YOUR USE OF THIS WEBSITE CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE OR EMAILS OR TO ANY ACTS OR OMISSIONS FOR WHICH YOU MAY CONTEND FIRST AMERICAN CORELOGIC IS LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY ("DISPUTE"), SHALL BE FINALLY, AND EXCLUSIVELY, SETTLED BY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ.

YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. 

The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration will be conducted in Orange County, California. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to First American CoreLogic. In any arbitration, First American CoreLogic will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. 

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrators will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Orange County, California. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys' fees.

18. Claims of Copyright Infringement. If you believe that your work has been copied and is accessible on the website or emails in a way that constitutes copyright infringement, notify First American CoreLogic in writing.

First American CoreLogic
Attn: Legal Department
4 First American Way
Santa Ana, CA 92707

Any claim of copyright infringement should include sufficient information to enable us to evaluate your claim and to take appropriate action. 

19. Governing Law. You agree that all matters relating to your access to, or use of, the website and emails, and all matters relating to these Terms of Use are governed by the laws of the State of California, which apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of law. 

20. Non-Waiver. First American CoreLogic's failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision. 

21. Assignment. First American CoreLogic may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Service.
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